GTC

General Terms and Conditions for using XING EVENTS by organisers

In the following, you will find the General Terms and Conditions for the use of XING EVENTS by organisers.

Preamble

XING Events GmbH is a 100% subsidiary of XING AG.

By registering with XING EVENTS GmbH ("XING EVENTS") you (as an organiser or mediator of an event), (“organiser”) accept the following terms and conditions for the use of XING EVENTS by organisers ("terms"). XING EVENTS offers its web-based services under various top-level domains, as well as under various sub-domains and aliases of these domains ("XING EVENTS-Websites") to third parties. These terms shall govern the contractual relationship between the organiser and XING EVENTS, irrespective of which XING EVENTS-Websites the organiser is registered with or logged on to. To use the services of XING EVENTS the organiser must be a legal or natural person and of age. Should the English version of these terms deviate from the German language version, only the German version shall apply and be binding.

 

1. Subject Matter

1.1. XING EVENTS offers organisers a web-based solution to organise events, meetings, parties, celebrations, conferences, virtual and similar events (“events), and to promote attendee registration by selling tickets and merchandising products (T-Shirts, Cups, Books, etc.) (“tickets) via the XING EVENTS-Websites for events to customers ("attendees") by using XING EVENTS to handle the payment process. In detail, XING EVENTS provides the following services to the organiser (each "XING EVENTS-Service"):

  • a web-based software (“amiando”) on the XING EVENTS-Websites to organise and market events and to sell tickets for these events to attendees and register attendees. The organiser has the possibility to create their own website for their event ("event website") and to offer online ticket sales. Attendees can choose and buy tickets directly from the event website.
  • a hotline for organisers regarding all questions on how to use the XING EVENTS-Websites by organisers, available weekdays from 9:00 am to 5:00 pm.
  • interim and final invoice reports regarding the transaction volume of tickets and other sales figures.
  • ticket shipment (in accordance with the type of shipment/tickets selected by the organiser).
  • final invoicing of events and collection of earned income from ticket sales and merchandising products including all additional charges for attendees.
  • reimbursement of tickets, as necessary.

1.2. Only the attendees and the organiser of an event are entering into an agreement regarding the event and the disposal of tickets for that event. XING EVENTS acts as a sales agent and intermediary for the organiser of an event by order and for account of this organiser. It is the organisers’ duty to advise and instruct attendees of their eventually existing right of objection according to the legal guidelines.

1.3. The organiser hereby authorizes XING EVENTS for the duration of this agreement to act as an agent by order and for account of the organiser, to sell tickets to the public for events offered by the organiser on the XING EVENTS-Websites, to undertake the payment process with the attendees and/or their bank, and to ship the tickets to the attendees.

1.4. The organiser can choose whether the tickets shall be shipped to the attendees by mail, shipped electronically, or held at the venue. The organiser can also choose if the attendee shall have the option to select one of these shipping methods themselves. If tickets are to be held at the venue, the organiser has the right to choose whether the tickets shall be paid for at the venue or in advance via XING EVENTS.

  

2. Ticket Prices and Charges

2.1. The organiser must determine the base price for their tickets. This base price belongs to the organiser as long as the charges in clauses 2.2 to 2.5 are billed to the attendees and added on to the base price. When determining pricing for the tickets, the organiser can choose if the charges will be added on to the base price. The additional charges refer only to the presentation of the ticket price; the charges will always be billed to the organiser.

2.2. In addition, XING EVENTS charges a fee (“ticketing-fee”) for accounting tickets according to clause 4, as well as for the use of the XING EVENTS-Websites by the organiser according to the current price list. The ticketing-fee is charged even if the tickets are deposited and paid for at the venue.

2.3. XING EVENTS will charge an brokerage fee (“commission”) from the organiser for each ticket brokered by XING EVENTS according to the current published charges list (“price list”) on the XING EVENTS-Websites.

2.4. If attendees select to have tickets shipped by mail, XING EVENTS will receive a payment (“shipping fee”) from the organiser to cover the cost of shipping the tickets. The rate of the shipping fee depends on the dispatch route and is calculated according to the price list published on the XING EVENTS-Websites.

2.5. In case of a reversed transaction of a ticket sale, XING EVENTS will charge the organiser a fee according to the current price list.

2.6. The fees payable to XING EVENTS according to clauses 2.2., 2.3. and/or 2.4. must be paid if the event is cancelled because of reasons XING EVENTS is not responsible for.

2.7. Clauses 2.1 through 2.6 are also applicable for the sale and shipment of merchandising products. Charges for additional services rendered by XING EVENTS will be determined according to the current price list. Charges for using respective services will be displayed on the XING EVENTS-Websites. As far as nothing different is stated, the aforementioned charges will also be subject to the current value added tax (VAT).

 

3. Event Changes

If an event for which tickets are sold or already have been sold via XING EVENTS shall be cancelled or changed (regarding date, time, venue or other important details), the organiser must immediately inform XING EVENTS in writing once these circumstances have come to the organiser’s attention.

 

4. Accounting

4.1. The organiser can choose which payment method(s) (ex. credit card, direct debit, bank transfer, invoice, PayPal) shall be offered to attendees. According to the option(s) selected, XING EVENTS will undertake the accounting for the organiser and will hold the money in a separate bank account. The organiser authorizes XING EVENTS to do so.

4.2. XING EVENTS will transfer the money received according to clause 4.1. minus the fees payable to XING EVENTS according to clause 2 at the latest fourteen days after the event has ended. The money will be transferred to the bank account provided in the organiser’s user account on the XING EVENTS-Websites. XING EVENTS will have successfully fulfilled its part of the contract once the money has been successfully transferred to the specified bank account. For recurring events, XING EVENTS also reserves the right to pay out money before the event takes place.

4.3. The organiser is aware of the risk that specific payment methods (ex. direct debit or credit card) can be reversed by attendees. The organiser bears this risk alone. If transactions are reversed after payout to the organiser according to clause 4.2., these costs plus a fee for the reversed transaction according to the current price list will be charged to the organiser.

4.4. The organiser is obligated to raise any objections to any accounting statements from XING EVENTS immediately. No claims or objections can be made four weeks after the issuance of the statement. After four weeks, the statement will be considered approved.

 

5. Reversed Transactions

5.1. In case of event cancellation or if the attendee reverses the ticket sale because of another event change, the organiser hereby authorizes XING EVENTS to repay the money paid for the tickets including all fees according to clause 2.1. within fourteen days. The organiser hereby authorizes to repay the money for the tickets in their name and for their account.

5.2. For this reimbursement process (according to clause 5.1.), the organiser has to pay XING EVENTS an additional cancellation fee for each ticket according to the current price list. After the reimbursement process – at the latest one year after the date originally planned for the event – XING EVENTS will issue an invoice containing the fees payable to XING EVENTS. XING EVENTS has the right for interim billing, but no obligation to do so. Money not reimbursed to the attendees within one year will be paid to the organiser.

5.3. XING EVENTS has the obligation to reimburse tickets sold via the XING EVENTS-Websites in the name and by order of the organiser, if

(i) XING EVENTS has the legal obligation to do so; or

(ii) the reimbursement rate of credit card- or direct debit-payments for this event is above-average, in any case at a reimbursement rate of 2%; or

(iii) the organiser wishes or allows this

The organiser hereby authorizes XING EVENTS to repay the money paid for the tickets by attendees in their name and for their account. For the reimbursement process according to clause 5.3., the organiser has to pay XING EVENTS an additional cancellation fee for each ticket according to the current price list. After the reimbursement process – at the latest one year after the date originally planned for the event – XING EVENTS will issue an invoice containing the fees payable to XING EVENTS.

5.4. If the organiser has already received money for the tickets from XING EVENTS (in the case of clauses 5.1. and 5.3.), the organiser is required to refund the necessary money for the reverse transaction. If the organiser does not refund the money that XING EVENTS has already paid out, XING EVENTS is only obligated to partially distribute the money to attendees that has not yet been paid out to the organiser or that has been refunded to XING EVENTS from the organiser.

 

6. Protection against fraud / misuse

6.1. The XING EVENTS-Websites offer an extensive security system to protect organisers against reimbursement of credit card payments. Because of this security system it is possible that – in exceptional cases – payments through payment providers/banks or the attendees’ bank will not be accepted.

6.2. If the organiser arouses suspicion of misusage of the XING EVENTS-Websites, XING EVENTS has the right to deactivate the ticket shop of the organiser and to stop the ticket selling. Specifically, a suspicion of misusage of the XING EVENTS-Websites is aroused if

(i) it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or

(ii) illegal or immoral events shall take place; or

(iii) the reimbursement rate for this event is above-average, in any case at a reimbursement rate of 2%; or

(iv) information available to particular clause 8 concludes that the organiser is not eligible to offer tickets for the event for sale. If the concerns cannot be cleared up within thirty days, XING EVENTS has the right to reimburse the attendees in accordance with clause 5.

 

7. Liability of XING EVENTS / Warranty / Release from liability through the organiser

7.1. XING EVENTS is liable without limitation for any injury of life, body or health, based on a violation of duty by XING EVENTS, its legal agents or its vicarious agents, as well as for injuries caused by the absence of conditions guaranteed by XING EVENTS.

7.2. XING EVENTS is liable without limitation for any injury, caused by XING EVENTS, its legal agents or its vicarious agents by intention or gross negligence.

7.3. In case of breach of essential contractual duties with minor negligence, the liability of XING EVENTS – except in the cases as stated in clauses 7.1. and 7.4. – shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that have to be fulfilled in order to enter into a contractual relationship.

7.4. The liability of XING EVENTS according to the German Product Liability Act shall not be affected.

7.5. The statute of limitation for claims against XING EVENTS – except in the cases as stated in clauses 7.1., 7.2. and 7.4. – shall be one year.

7.6. The statute of limitation for other claims based on the liability for defect shall be one year.

7.7. The organiser holds XING EVENTS free from all claims, including claims for damages, which other organisers or other third parties bring against XING EVENTS by claiming a violation of their rights as a result of the content posted on the XING EVENTS-Websites by the organiser. The organiser also holds XING EVENTS free from all claims, including claims for damages, which other organisers or other third parties bring against XING EVENTS by claiming a violation of their rights as a result of using the services of the XING EVENTS Websites by way of the organiser. The organiser assumes all reasonable costs incurred resulting from violating a third partys’ rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages from XING EVENTS remain unaffected. The above-mentioned organiser’s duties do not apply insofar as the organiser is not responsible for the injury or infringement in question.

7.8. If a third partys’ rights are violated as a result of the contents posted by the organiser, the organiser will, at XING EVENTS’s option, provide the right to use the contents or organise the contents to be free from protection rights. If a third party’s rights are violated through the use of the services of the XING EVENTS Websites by way of the organiser, the organiser shall set up contractual or lawful usage at XING EVENTS’s request.

 

8. Warranty of the organiser

8.1. The organiser pledges that all information provided to XING EVENTS is true. In addition, the organiser pledges that they are of age at the time of registration, provided that the organiser is an actual person. In cases of legal entities or corporate bodies, the organiser pledges to have the respective authority to represent the legal entity or corporate body. The organiser is required to be able to prove the confirmations stated in this clause upon XING EVENTS’s request.

8.2. The organiser shall select a password upon registration, and is required to keep the password secret. Each organiser may only register once and may only use one user profile.

8.3. The organiser warrants XING EVENTS, that

(i) there is no agreement between the organiser and a venue, or the owner or user of a venue, or a third party, which affects the organiser to use the XING EVENTS-Services in accordance to these terms,

(ii) the organiser is allowed to enter into this agreement with XING EVENTS, including the right to authorize XING EVENTS in accordance with these terms and conditions to distribute and sell tickets,

(iii) the organiser has the right to carry out or market the event offered on the XING EVENTS-Websites. The organiser is required to be able to prove the confirmations stated in this clause upon XING EVENTS’s request.

 

9. Duties of the organiser

9.1. The organiser has the duty to inform XING EVENTS immediately about unavailability or malfunctions of the XING EVENTS-Websites.

9.2. The organiser has the duty to use the XING EVENTS-Services in accordance with German laws and the rights of third parties. In particular, it is the duty of the organiser to comply with the competition law, the data protection laws, the laws regarding consumer protection, as well as to respect the intellectual property of third parties. The organiser will indemnify XING EVENTS and/or its employees from any claims of third parties based on the illegal use of the XING EVENTS-Services by the organiser. The obligation to indemnify also includes the costs for legal assistance.

9.3. The organiser has the obligation to inform XING EVENTS immediately about any change of name, company name, address, legal form or bank details in written form or via email.

9.4. The organiser shall not use the XING EVENTS-Services for illegal or immoral events such as right wing extremist, pornographic, or violent events.

 

10. Duration

Furthermore, XING EVENTS has the right to cancel this agreement regarding the provision of XING EVENTS-Services in case of an important reason. Such an important reasons shall exist, if

(i) the organiser has contravened against important provisions of these terms, in particular clauses 8 or 9; or

(ii) the organiser has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings have been dismissed in default of assets; or

(iii) circumstances occur that the organiser cannot fulfill his contractual obligations against XING EVENTS or third parties in default of assets, and – in addition – the organiser gives no proof of sufficient assets within 30 days after request by XING EVENTS to do so, or

(iv) the organiser does not offer an event in terms of clause 1.1

 

11. Advertising through a sales partner

Should the organiser be advertised through a third party, the closed contract between XING EVENTS and the organiser will also aim for variable payment of the third party to enable a passing on of relevant event information (but not attendee information) to the third party for the purpose of accounting of commissions.

 

12. Final Provisions

12.1. XING EVENTS reserves the right to change these terms at any time, without giving reasons, unless this is unreasonable for the organiser. XING EVENTS shall give due notice of any amendments of these terms to the organiser. If the organiser does not object to the applicability of the revised terms within two weeks after receipt of said notice, the amended terms shall be deemed to be accepted by the organiser. XING EVENTS shall inform the organiser about the organiser 's right to object and of the relevance of the objection deadline in said notice.

12.2. Terms with regulations to the contrary shall not apply.

12.3. The set-off against accounts receivable is only allowed with legally assessed or undisputed demands of the organiser. This shall also apply to the possible right of retention of the organiser.

12.4. Unless otherwise stated in these terms, the organiser may submit all notices to XING EVENTS using the contact form provided on each of the XING EVENTS-websites, or by letter or fax. XING EVENTS may send notices to the organiser by email to the address provided in the organiser’s current contact data in his or her user account.

12.5. If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

12.6. The place of performance and the place of jurisdiction – insofar as legally admissible – shall be Munich.

12.7. These terms and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.

 

 


Updated: November 2013.

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